Brenda J. Richard’s Answers

His participation in the divorce is not an absolute necessity. Your biggest hurdle may be getting him served (an experienced attorney will know how to handle this). After he's served, he's not required to sign anything in order for the divorce to be finalized. Consult with an attorney. Brenda J. Richard (248) 355-1800 brichardlaw.com

Michigan is considered a "no fault" divorce state. This generally mean that you don't have to allege a reason for the break up of he marriage in order to be granted a divorce. Fault can be considered by the court when it comes to an award of spousal support or the award of marital propety. If you're been separated for five years, you've probably already divided your property and an award of spousal support would be unlikely (unless one of you have supported the other throughout the...

There is a 60day waiting period from the date your case is filed if you have no children. If there are children, the waiting period is six months, but can sometimes be waived. The proceeds from your automobile accident are not necessarily marital property and may not be subject to division in a divorce. Consult with a divorce attorney right away. Brenda Richard (248) 355-1800

I agree with everyone else. Unless you hire an attorney at the beginning of the process, it may be more expensive and lengthen the process. If cost is the issue, you should know that many attorneys will begin the divorce with a small down payment and, depending on your circumstances, you may qualify for a waiver of court filing fees ($150). I'd recommend you at least speak with a few attorneys before you make a decision. And, no, the 60-day waiting period can not be lessened. The period of...

I agree with Ms. Heckler. The burden is on your son's father to take the first step and file a complaint for custody, not you. However, if there is any possibility that he will take the child without your permission, I would strongly recommend that YOU file a custody complaint to assure that the child cannot be removed from the state. Most importantly, consult with an attorney in your area, immediately. Brenda Richard (248) 355-1800

I would need more information about the types of motions that the attorneys failed to file. Did the attorneys advise you that the motions were not necessary? Generally, it's better to have a good attorney rather than represent yourself. It appears that you need an attorney who is willing to take the time to listen to you about your objectives in the divorce action and advise you accordingly. The difficulties in Wayne County Circuit Court may lie with the judge, rather than the attorneys . ....

If CPS is involved, this isn't an issue of guardianship, but an issue of parental rights. Juvenile neglect is not my field but, ordinarily, if CPS has filed a petition, attorneys are appointed to represent the parents. If CPS has not filed a petition, you'd need to file a motion to terminate the guardianship. You truly need legal representation. If you can't afford to retain an attorney, contact legal aid agencies in your area for assistance. Good luck!

I agree with the prior answers, but there is an exception. MCL 722.1204 allows a Michigan court to take emergency jurisdiction if the child is present in the state (Michigan) and the child is subjected to abuse. Please contact an attorney and child protective services. Feel free to contact me if you'd like to discuss this. (248) 355-1800

I agree with the advice given you by the other attorneys. Your attorney has the option of petitioning the court to require your husband to pay outstanding and future attorney fees. She is now, however, required to do so and it appears that she's declining to do this. Also be aware that the Judge may not allow her to discontinue representing you. All things considered, it seems that it may be wise for you to seek new counsel. Brenda Richard (248) 355-1800

I assume you meant to say that you were one month away from "finalizing" your divorce when you dismissed the case. It is "possible" to reinstate the divorce action and finalize your case. In most cases, the Judge will reinstate the action on your motion to do so as long as you have a consent judgment of divorce that has been signed by you and your husband. Some judges will also require that you re-pay the filing fee. Brenda Richard (248) 355-1800